Keabsahan Hukum Penggunaan Risalah Lelang Sebagai Syarat Dalam Peralihan Hak Atas Tanah

Abstrak

This study aimed to conduct a research of the legal validity of the application minutes of auction as a requirement in recording the transfer of ownership rights to land and to analyze the legal protection for the auction winner if they lose an excerpt of the minutes of auction before transferring land rights. This study uses normative legal research to examine vagueness of norms in the interpretation of Article 41 Paragraph (1) of PP 24/1997 juncto PP 18/2021 concerning Land Registration. The outcome from the studyas follows: First, the vagueness of norms regarding the validity of using auction minutes as a requirement in registering transfers of land rights is based on the inclusion of the clause “can only be registered with an excerpt of auction minutes” in Article 41 Paragraph (1) PP 24/1997 juncto PP 18/2021 concerning Land Registration, which when interpreted by using legal interpretation, it shall be understood that “Quotation of Minutes of Auction” is a word-by-word quotation of one or several parts of the Auction Minutes, thus constituting subdocuments of the Auction Minutes. therefore the Minutes of Auction or Excerpts of Minutes of Auction is valid basis which may usse as a requirement for the transfer of land rights.

Kata kunci: Risalah Lelang, Keabsahan Hukum, Perlindungan hukum;